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What you need to know about relocating with the kid after divorce

On Behalf of | Feb 22, 2023 | Child Visitation |

Divorce comes with several changes. One of these is a change to the child’s living arrangements. When a judge makes a ruling on custody and parenting time, it is important to understand that such judgment is binding. A violation of the custody order in any way, including acts that amount to interference with parenting time, comes with consequences. 

For a variety of reasons, one parent can be forced to relocate to a different state. If both parents agree to this, all you need is to obtain a written agreement so the existing order can be modified. But what if the non-custodial parent does not want you to relocate with the child?

You need a mutual agreement or the court’s permission

The smoothest way you can relocate with the child is when there is a mutual agreement between you and the other parent. Still, you must agree to a new arrangement that will allow the non-custodial parent to share time with the child. If you can agree to these, you will need to sign a consent agreement that you must present before the court so that the move can be sanctioned.

The judge will then examine the circumstances of the case to determine if the move serves the best interest of the child or not. If the relocation is in the child’s best interest of the child, then the judge will use the consent agreement to issue a new custody order. 

However, if the noncustodial parent does not consent to the relocation or the proposed visitation arrangements, then you might want to involve a mediator to help resolve the matter. Otherwise, you will have to petition the court to modify the existing custody order. Under no circumstances can you relocate with your child without the court’s permission.

Getting help

Relocating with a child after the divorce can be a difficult matter for both parents. No matter how simple or complex the subject is, knowing your legal options can help you realize your goals.